Need for a central protection act for doctors

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Context:

• Resident doctors across India are on strike demanding laws that ensure their safety while on duty.

Background:

• India's healthcare sector has been grappling with a pressing issue—violence against doctors.
• Incidents of verbal abuse, physical assaults, and even extreme cases like the rape and murder of medical professionals have highlighted an urgent need for protective legislation.
• Despite healthcare being a state subject as per the Indian Constitution, the call for a Central Protection Act for doctors has gained considerable momentum.

Current Legislative Gaps

• Health and law and order, being state subjects, are primarily managed by individual state governments.
• However, this decentralized approach has led to inconsistencies in addressing violence against healthcare workers.
• While some states have enacted laws to protect medical professionals, there is no uniformity, and enforcement remains a challenge.
• The Indian Medical Association (IMA) has been vocal about the reluctance at the policy level to acknowledge and act against such violence.

The 2015 Indian Medical Association (IMA) survey found that over 75% of doctors in India encountered workplace violence, with women, who represent 30% of the medical workforce, being more vulnerable than their male colleagues.

Central Legislation:

A Central Protection Act would provide a uniform framework across the country, ensuring that all healthcare workers receive equal protection regardless of their state of employment. Such a law would:

• Standardize Protective Measures: Create a consistent set of rules and penalties for violence against healthcare workers.
• Enhance Reporting and Accountability: Establish clear protocols for reporting incidents and holding perpetrators accountable.
• Improve Working Conditions: Adopt a safer work environment, reducing stress and increasing job satisfaction among medical professionals.

Demands of Doctors on Nationwide Strike

• Policy on Violence: A Central Act to address violence against doctors and hospitals, incorporating 2023 amendments to the Epidemic Diseases Act into the proposed Hospital Protection Bill of 2019.
• Safe Zones for Hospitals: Declare hospitals as safe zones with mandatory security measures, including CCTV, security personnel, and protocols similar to airport security.
• Working Conditions: Overhaul the working and living conditions of resident doctors, addressing issues like 36-hour shifts and lack of safe rest spaces.
• Investigation and Justice: Conduct a professional investigation into the Kolkata incident, ensure justice, and punish those involved in hospital vandalism.
• Compensation: Provide appropriate and dignified compensation to the victim's family, reflecting the severity of the incident.

Implementation and Enforcement

For effective implementation, the Central Protection Act should encompass several key elements:

• Stringent Penalties: Strict punishments for offenders to deter potential violence. Ex. In 1973, Aruna Ramchandra Shanbaug working as a junior nurse at King Edward Memorial Hospital, Mumbai, was sexually assaulted by a hospital sweeper.
• Emergency Protocols: Guidelines for immediate response and support for affected healthcare workers.
• Surveillance and Security: Enhanced security measures in hospitals, including CCTV cameras and security personnel.

Furthermore, collaboration between the central and state governments is crucial to ensure seamless enforcement and compliance. A dedicated task force could oversee the implementation of the act and address any emerging challenges promptly.

Societal Change

• Beyond legislation, societal attitudes towards healthcare workers must also evolve.
• Public awareness campaigns can educate people about the challenges faced by medical professionals and the importance of treating them with respect.
• Empathy and understanding from the public can significantly reduce instances of violence.

Conclusion

• The need for a Central Protection Act for doctors in India is both urgent and evident.
• Such legislation would address the gaps in the current system, providing uniform protection to healthcare workers across the nation.
• By implementing stringent penalties, enhancing security measures, and fostering societal change, India can ensure a safer and more conducive environment for its medical professionals.
• This, in turn, would enhance the overall quality of healthcare, benefiting the society at large.

KNOW IN DETAIL ABOUT THE HEALTHCARE SECTOR-

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Reference

https://www.thehindu.com/news/national/do-doctors-need-a-central-protection-act/article68537389.ece